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What you need to know.What you need to know.
Effective DateEffective Date What’s coveredWhat’s covered What’s notWhat’s not ImplementationImplementation EnforcementEnforcement ResourcesResources
Dr. Ron Davis Smokefree Dr. Ron Davis Smokefree LawLaw
House Bill 4377House Bill 4377 Passed by Senate Passed by Senate
and House on Dec. and House on Dec. 10, 200910, 2009
Signed by the Signed by the Governor on Dec. Governor on Dec. 18, 200918, 2009
Public Act 188 of Public Act 188 of 20092009
Effective DateEffective Date
Effective Saturday, May 1, 2010Effective Saturday, May 1, 2010 NotNot Friday Night, 12:01 a.m. Friday Night, 12:01 a.m.
What does the smokefree What does the smokefree law cover?law cover?
All WorkplacesAll Workplaces Public and PrivatePublic and Private
All Food Service EstablishmentsAll Food Service Establishments A food service establishment is any A food service establishment is any
place with a license to serve food and place with a license to serve food and beveragesbeverages
RestaurantsRestaurants BarsBars Bowling AlleysBowling Alleys
What does the smokefree What does the smokefree law cover?law cover?
The law includes any public placeThe law includes any public place Bingo HallsBingo Halls Shopping MallsShopping Malls Concert HallsConcert Halls ArenasArenas MuseumsMuseums Mechanic ShopsMechanic Shops Health FacilitiesHealth Facilities Nursing HomesNursing Homes Educational InstitutionsEducational Institutions Child Care CentersChild Care Centers
What does the smokefree What does the smokefree law cover?law cover?
All Food Service EstablishmentsAll Food Service Establishments Outdoor areas of restaurants and bars where Outdoor areas of restaurants and bars where
food and beverage may be served will be food and beverage may be served will be smokefree.smokefree.
This includes patios of bars and restaurantsThis includes patios of bars and restaurants
What does the smokefree What does the smokefree law cover?law cover?
VFW halls or other private clubsVFW halls or other private clubs Any establishment that has a food Any establishment that has a food
service license cannot allow smokingservice license cannot allow smoking Even if it only serves once a week or Even if it only serves once a week or
once a yearonce a year If they don’t serve food or drink but If they don’t serve food or drink but
employ at least one person, they must employ at least one person, they must be smokefreebe smokefree
What does the smokefree What does the smokefree law cover?law cover?
Hookah BarsHookah Bars Hookah bars can operate as tobacco specialty Hookah bars can operate as tobacco specialty
shopsshops Any establishment with a food service license Any establishment with a food service license
must be smokefreemust be smokefree
What are the exemptions?What are the exemptions?
ExemptionsExemptions Detroit casinosDetroit casinos Cigar barsCigar bars Tobacco specialty storesTobacco specialty stores
What are the What are the exemptions?exemptions?
CasinosCasinos Detroit’s 3 CasinosDetroit’s 3 Casinos
Smoking allowed only on the gaming floorsSmoking allowed only on the gaming floors All restaurants, bars, hotels, conference All restaurants, bars, hotels, conference
rooms and common areas outside of the rooms and common areas outside of the gaming area are still coveredgaming area are still covered
Casinos on sovereign landsCasinos on sovereign lands Entire facility may allow smokingEntire facility may allow smoking Federal JurisdictionFederal Jurisdiction
What are the What are the exemptions?exemptions?
Cigar BarsCigar Bars Smoking may be allowed at existing Smoking may be allowed at existing
cigar bars that meet specific criteriacigar bars that meet specific criteria Cigar bars must meet Cigar bars must meet allall criteria criteria
What are the What are the exemptions?exemptions?
Cigar Bar CriteriaCigar Bar Criteria In existenceIn existence Generated 10% or more of its total gross annual income from Generated 10% or more of its total gross annual income from
the on-site sale of the on-site sale of cigarscigars and the rental of on-site humidors and the rental of on-site humidors Is separately located from any area where smoking is Is separately located from any area where smoking is
prohibited and smoke does not infiltrate into nonsmoking prohibited and smoke does not infiltrate into nonsmoking areasareas
Has installed an on-site humidorHas installed an on-site humidor Prohibits entry to anyone under the age of 18 during Prohibits entry to anyone under the age of 18 during
business hoursbusiness hours Allows only the smoking of Allows only the smoking of cigarscigars that retail for over $1.00 that retail for over $1.00
per cigarper cigar Prohibits the smoking of all other tobacco products Prohibits the smoking of all other tobacco products Files an affidavit on January 31 of each year to claim the Files an affidavit on January 31 of each year to claim the
exemptionexemption
What are the What are the exemptions?exemptions?
Tobacco Specialty ShopsTobacco Specialty Shops Smoking may be allowed at tobacco specialty Smoking may be allowed at tobacco specialty
shops that meet specific criteriashops that meet specific criteria In existenceIn existence Generated 75% or more of its total gross annual income Generated 75% or more of its total gross annual income
from the on-site sale of tobacco products and smoking from the on-site sale of tobacco products and smoking paraphernaliaparaphernalia
Is separately located from any area where smoking is Is separately located from any area where smoking is prohibited and smoke does not infiltrate into nonsmoking prohibited and smoke does not infiltrate into nonsmoking areasareas
Prohibits entry to anyone under the age of 18 during Prohibits entry to anyone under the age of 18 during business hoursbusiness hours
Files an affidavit on January 31 of each year to claim the Files an affidavit on January 31 of each year to claim the exemptionexemption
What are the What are the exemptions?exemptions?
Other exemptionsOther exemptions A primary residence that is also used as A primary residence that is also used as
an office and for no other employees an office and for no other employees other than the ownerother than the owner
A motor vehicleA motor vehicle
What are the What are the exemptions?exemptions?
If you have questions about other If you have questions about other places that may or may not be places that may or may not be included in the law that have not included in the law that have not been addressed in this presentation been addressed in this presentation or the FAQ, please call the Michigan or the FAQ, please call the Michigan Department of Community Health at Department of Community Health at 866-59-SMOKE.866-59-SMOKE.
What is implementation?What is implementation?
Statewide education campaignStatewide education campaign Community presentationsCommunity presentations Brochures and other publicationsBrochures and other publications
Print an article in your publicationPrint an article in your publication Ads in print and broadcast media Ads in print and broadcast media
around the statearound the state
What is implementation?What is implementation?
State website:State website: www.michigan.gov/smokefreelawwww.michigan.gov/smokefreelaw
Informational Line:Informational Line: (866) 59-SMOKE(866) 59-SMOKE
What is implementation?What is implementation?
What are businesses required to do?What are businesses required to do? Beginning May 1, 2010, a person in Beginning May 1, 2010, a person in
charge of an establishment that is subject charge of an establishment that is subject to the new smoke-free law must:to the new smoke-free law must: Post required no-smoking signsPost required no-smoking signs Remove indoor ashtrays and other smoking Remove indoor ashtrays and other smoking
receptaclesreceptacles Direct any person who is smoking to extinguish Direct any person who is smoking to extinguish
the cigarette, cigar or other lighted itemthe cigarette, cigar or other lighted item
A compliance checklist is available on A compliance checklist is available on the smokefree law website.the smokefree law website.
What is implementation?What is implementation? Operation CheckOperation Check
Activate volunteersActivate volunteers Focused activities on May 1, 2010, during the first Focused activities on May 1, 2010, during the first
week of the law, after 3 months, after 6 monthsweek of the law, after 3 months, after 6 months Visibility in our communitiesVisibility in our communities
Wearing positive messages during the first Wearing positive messages during the first weekendweekend
Assure complianceAssure compliance Observe activities and fill out surveysObserve activities and fill out surveys
Obtain positive mediaObtain positive media Organizing an earned media activity for May 1 Organizing an earned media activity for May 1
(Bar hop)(Bar hop)
How is it enforced?How is it enforced?
Enforcing agencies are:Enforcing agencies are: State health departmentState health department State agriculture departmentState agriculture department
For food service establishments (bars and For food service establishments (bars and restaurants)restaurants)
Local health departmentsLocal health departments Complaint-drivenComplaint-driven
Complaints will be investigated by the Complaints will be investigated by the designated enforcement agencydesignated enforcement agency
How is it enforced?How is it enforced?
Complaints may be enforced by the Complaints may be enforced by the local health departments and the local health departments and the Michigan Department of Community Michigan Department of Community Health Tobacco SectionHealth Tobacco Section
Visit Visit www.michigan.gov/smokefreelawwww.michigan.gov/smokefreelaw to to find out how to file a complaintfind out how to file a complaint
How is it enforced?How is it enforced?
If someone is smokingIf someone is smoking The owner or manager is required to The owner or manager is required to
ask them to stopask them to stop If they don’t, the owner or manager is If they don’t, the owner or manager is
required to deny service and ask the required to deny service and ask the individual to leaveindividual to leave
If they still don’t stop, follow your If they still don’t stop, follow your normal protocol for dealing with normal protocol for dealing with disruptive customers or clientsdisruptive customers or clients
How is it enforced?How is it enforced?
If an establishment is allowing If an establishment is allowing smokingsmoking The local health department can be The local health department can be
asked to investigateasked to investigate If smoking persists, the health If smoking persists, the health
department can take further department can take further administrative action that could lead to administrative action that could lead to fines, fees and shut down of that fines, fees and shut down of that establishmentestablishment
How is it enforced?How is it enforced?
ViolationsViolations A fine can be leviedA fine can be levied
A civil fine of not more than $100.00 for a A civil fine of not more than $100.00 for a first violationfirst violation
A civil fine of not more than $500.00 for a A civil fine of not more than $500.00 for a second or subsequent violation.second or subsequent violation.
How is it enforced?How is it enforced?
Experience in other states is that Experience in other states is that citations and fines are uncommoncitations and fines are uncommon
People like the law and complyPeople like the law and comply No smoking signs are required to be No smoking signs are required to be
postedposted Signs will be available from the Signs will be available from the
Michigan Department of Community Michigan Department of Community Health website: Health website: www.michigan.gov/smokefreelawwww.michigan.gov/smokefreelaw
Cessation ResourcesCessation Resources
We know that We know that When a smokefree worksites law goes When a smokefree worksites law goes
into effect, smokers see it as an into effect, smokers see it as an opportunity to quit.opportunity to quit.
There is an increase in requests for help There is an increase in requests for help in quitting.in quitting.
Cessation ResourcesCessation Resources
Resources for Employers: Quitting TobaccoResources for Employers: Quitting Tobacco Check your benefits language. Does your Check your benefits language. Does your
provider cover tobacco dependence treatment provider cover tobacco dependence treatment counseling or medications?counseling or medications?
Communicate what is covered via employee Communicate what is covered via employee newsletter, payroll reminders, employee email, newsletter, payroll reminders, employee email, break room bulletin boards.break room bulletin boards.
Check with your local health department, Check with your local health department, hospital, 211 or American Cancer Society to hospital, 211 or American Cancer Society to learn about programs that may be available in learn about programs that may be available in your community.your community.
Cessation ResourcesCessation Resources
State and National Printed ResourcesState and National Printed Resources Online or printed materials are Online or printed materials are
available at:available at: www.cancer.orgwww.cancer.org www.americanheart.orgwww.americanheart.org www.lungusa.orgwww.lungusa.org www.michigan.gov/tobaccowww.michigan.gov/tobacco www.smokefree.govwww.smokefree.gov
Cessation ResourcesCessation Resources
State and National Online or Telephone State and National Online or Telephone Resources Resources Telephone quit tobacco support is available at:Telephone quit tobacco support is available at:
Michigan Tobacco Quitline 1-800-784-8669Michigan Tobacco Quitline 1-800-784-8669 American Lung Association 1-800-548-8252American Lung Association 1-800-548-8252 National Cancer Institute 1-877-448-7848National Cancer Institute 1-877-448-7848
Online quit smoking support can be found at:Online quit smoking support can be found at: www.cancer.govwww.cancer.gov/help/help www.quitnet.comwww.quitnet.com www.becomeanex.orgwww.becomeanex.org
Cessation ResourcesCessation Resources
Michigan Tobacco QuitlineMichigan Tobacco Quitline 1-800-QUIT-NOW (1-800-784-8669)1-800-QUIT-NOW (1-800-784-8669)
Available 24 hours a day.Available 24 hours a day. Information and referral to local Information and referral to local
programs for all callers.programs for all callers. Ongoing counseling available to those Ongoing counseling available to those
with Medicaid, Medicare, County Health with Medicaid, Medicare, County Health Plans and no insurance.Plans and no insurance.
Free nicotine patches, gum or lozenges Free nicotine patches, gum or lozenges available to qualifying callers who enroll available to qualifying callers who enroll in quitline services.in quitline services.
Cessation ResourcesCessation Resources American Cancer SocietyAmerican Cancer Society
Contact your local American Cancer Society Contact your local American Cancer Society office for additional cessation materials or office for additional cessation materials or resourcesresources
Office Locations:Office Locations: SouthfieldSouthfield East LansingEast Lansing Ann ArborAnn Arbor JacksonJackson PortagePortage Grand RapidsGrand Rapids FlintFlint Bay CityBay City Iron MountainIron Mountain
More More InformationInformation
www.michigan.gov/smokefreewww.michigan.gov/smokefreelawlaw
www.michigan.govwww.michigan.gov/tobacco/tobacco
Questions?Questions?
Matt PhelanMatt PhelanSpecialist, Campaign AdvocacySpecialist, Campaign Advocacy
American Cancer Society, Great Lakes DivisionAmerican Cancer Society, Great Lakes [email protected]@cancer.org
517.664.1315517.664.1315